The All Progressives Congress (APC) has said the plan by the ruling Peoples Democratic Party (PDP) to use the Judiciary to stop the impending leadership change in the National Assembly is “an act of desperation and an abuse of court process.”

The PDP plan to stop further defection followed the exodus of 37 of its members in the House of Representatives, to the APC.

In a statement yesterday in Lagos by its Interim National Publicity Secretary, Alhaji Lai Mohammed, the APC said: “Apart from the fact that the sole plaintiff in the case, the PDP, is incompetent and an interloper, the action itself is an abuse of court process, since there is a pending and subsisting order of the same Federal High Court in Abuja between the two parties.

“This attempt to use the Judiciary, which is an arm of government, to stop another arm of government – the Legislature – from performing its constitutional duty, is patently illegal. It is a known fact that the principle of separation of powers, as upheld by the Supreme Court, forbids an arm of government from stopping, suspending or otherwise interfering with the functions of another arm.”

The party said what the PDP is attempting to do with its misguided case is akin to the APC seeking to use the Judiciary to stop President Goodluck Jonathan from reshuffling his cabinet or firing a minister.

APC said PDP should have waited until an action has been taken and go to court to nullify it, rather than stop such action from taking place.

It added: “Any order of a lower court purporting to stop members of the National Assembly from attending the House or conducting any proceedings or voting is incompetent, illegal and contrary to the well-established jurisprudence enunciated by the Supreme Court.”

APC recalled that it had alerted the nation to the plan by the PDP and the Presidency to use pliant judges to obtain illegal court orders to achieve their diabolical aims.

The party said it warned politicians not to drag the Judiciary into the murky waters of politics.

It noted that such action would be a throwback to the better-forgotten days of the late Head of State, Gen. Sani Abacha.

“As for the Judiciary, we are confident that our judicial officers will not allow themselves to be used for selfish, political end as they have judicial aspirations to pursue and their good names to protect,” APC said.